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Is There Legal Separation in New Jersey?

It depends upon who you ask.

Really.

For decades, I have said "no".

This is because everyone has always taught new divorce lawyers that "NJ does not have legal separation."

But we have something that is awfully close.

We call it "a divorce from bed and board."

So recently I set out to see how a NJ divorce from bed and board is similar and is different from a legal separation.

I compared NJ law to NY law.

What I found is that Divorce from bed and board and legal separation are two legal concepts that allow married couples to live apart while remaining legally married.

However, these concepts differ in their legal requirements, effects, and procedures.

In this article, I will analyze the concept of a "divorce from bed and board" in NJ, and the concept of legal separation in NY.

Then, I will compare and contrast the two concepts to highlight their similarities and differences.

 

Divorce from Bed and Board in NJ

Divorce from bed and board, also known as a limited divorce, is a legal action that allows a married couple to live apart while remaining legally married.

It is a legal separation that does not dissolve the marriage.

In NJ, divorce from bed and board may be granted on the grounds of extreme cruelty, adultery, willful desertion for 12 or more months, habitual drunkenness for 12 or more months, deviant sexual conduct, or any of the other NJ divorce grounds.

The procedure for obtaining a divorce from bed and board is similar to that of a regular divorce, including filing a complaint, serving the complaint on the other spouse, and attending a court hearing.

 

Legal Separation in NY

Legal separation is a legal arrangement in which a married couple lives apart, but the marriage remains legally intact.

In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.

A separation agreement is a written agreement between the parties that sets forth the terms of the separation, including the division of property, child custody, and support.

A judgment of separation is a court order that sets forth the terms of the separation.

In NY, legal separation does not require any grounds for divorce, but it can be converted into a divorce after one year.

 

Similarities

Both divorce from bed and board and legal separation allow married couples to live apart while remaining legally married.

Both require the parties to reach an agreement on important issues such as child custody, child support, and the division of property.

Both may also involve court hearings to resolve any disputes between the parties.

 

Differences

The main difference between divorce from bed and board in NJ and legal separation in NY is the legal requirements for obtaining them.

In NJ, divorce from bed and board requires grounds such as extreme cruelty, adultery, and habitual drunkenness.

In contrast, legal separation in NY does not require any grounds for separation.

Another difference is the procedure for obtaining them.

In NJ, divorce from bed and board requires filing a complaint, serving the complaint on the other spouse, and attending a court hearing.

In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.

 

My Conclusion

Divorce from bed and board and legal separation are legal concepts that allow married couples to live apart while remaining legally married.

Both concepts require the parties to reach an agreement on important issues, and both may involve court hearings to resolve any disputes.

However, the legal requirements and procedures for obtaining them differ between NJ and NY.

In NJ, divorce from bed and board requires grounds for divorce, while legal separation in NY does not.

Additionally, the procedures for obtaining them differ, with NJ requiring filing a complaint and attending a court hearing, while NY allows for the filing of a separation agreement or obtaining a judgment of separation

 

IF THIS ARTICLE WAS HELPFUL, AND IF YOU MAY BE GETTING A DIVORCE, THEN STAY WITH ME TO CONTINUE YOUR  DIVORCE EDUCATION

The concept of "separation" is important for you to understand if you are contemplating getting a divorce in Monmouth County, and I'll give you more articles on that crucial topic.

But equally important is the fact that I'll teach you how to protect yourself across the board in your NJ divorce case.

You'll learn how to make a fair deal on every single issue that your divorce case will throw at you.

I've written hundreds of brief articles, just like this one, on New Jersey specific divorce-related topics.

For example, DO YOU NEED MONEY  from your spouse for your needs during the divorce case? 

Or IS YOUR SPOUSE A NARCISSIST? 

Do you want to move out and actually physically separate? Or is moving out going to hurt your CHILD CUSTODY CASE? There are things that I teach that will help you make that decision.

Is your spouse ABUSING ALCOHOL OR DRUGS? undefinedAnd if so, how can you protect your kids? I view substance abuse as a form of spousal abuse and I show you what to do.

Should you talk to a divorce lawyer? And if so, how do you find a really good one? I'll give you a formula for finding just THE RIGHT DIVORCE LAWYER FOR YOU.

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I cannot tell you how many people have told me that this article has helped them make better divorce-related decisions that led them to a favorable divorce settlement.

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I look forward to helping you get the "edge" in your New Jersey divorce case!

Until next time,

Steve
Steven J. Kaplan, Esq.

Specializing In Divorce
Throughout New Jersey

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

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